THE STATE OF FLORIDA, APPELLANT,
v.
EUGENIO RODRIGUEZ, CARLOS I. ESTRADA, ROLANDO FERNANDEZ, AURELIO CICARD, APPELLEES
THE STATE OF FLORIDA, APPELLANT,
EUGENIO RODRIGUEZ, CARLOS I. ESTRADA, ROLANDO FERNANDEZ, AURELIO CICARD, APPELLEES
483 So. 2d 751
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
The state appeals an order dismissing the information against the defendants. We reverse. The state does not have an obligation to produce witnesses for deposition. State v. Valdes, 443 So. 2d 302 (Fla. 3d DCA 1983); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). Once the state revealed the name and address of the informant, it fulfilled its obligation. Consequently, there was no discovery violation and the imposition of a sanction against the state, in this case dismissal of the information, was erroneous. Valdes.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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The Honorable Jonathan T. Colby v. McNEILL, 595 So. 2d 115 (Fla. 3d DCA 1992)…97 So. 2d 730 (Fla. 2d DCA 1986); Perez v. State, 474 So. 2d 398 (Fla. 3d DCA 1985), rev. denied, 484 So. 2d 10 (Fla.1986); State v. Hutley, 474 So. 2d 233 (Fla. 3d DCA 1985), rev. denied, 486 So. 2d 596 (Fla.1986). . See, e.g., State v. Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986); State v. Valdes, 443 So. 2d 302 (Fla. 3d DCA 1983); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). . Granade v. Ader, 530 So. 2d 1050 (Fla. 3d DCA), rev. denied, 541 So. 2d 1172 (Fla.1988); State v. Brown, 527 So. 2d 209 (Fla…
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State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987)…such a showing of fault or bad faith, the sanction of dismissal is unwarranted. Id.; State v. Mena, 505 So. 2d 681 (Fla. 3d DCA 1987). Moreover, the state generally does not have an obligation to produce witnesses for deposition. State v. Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986). Reversed and remanded for further proceedings.…
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State v. Carmelo O. Mena, 505 So. 2d 681 (Fla. 3d DCA 1987)…r dismissing the charges against the defendants is reversed upon the holdings that the State fulfilled its obligation to the defendants when it furnished them with the address of the informer whose name was already known to them, State v. Rodriguez, 483 So. 2d 751 (Fla. 3d DCA 1986); and, absent some showing that the State “either through calculated official ignorance or deliberate, intentional activity was at fault [*682] for the informer’s disappearance in this case, or for its failure to know the informer’…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Eutansio Antolin Roig, 305 So. 2d 836 (Fla. 3d DCA 1974)
- State v. Valdes, 443 So. 2d 302 (Fla. 3d DCA 1983)
- Gen. Ins. Co. v. Vladimiro Ramanovski, Sr., 443 So. 2d 302 (Fla. 3d DCA 1983)